What is the test for a motion for a writ of habeas corpus?
California, United States of America
The following excerpt is from In re Fraga, H037900 (Cal. App. 2013):
Although the allegations in defendant's petition may be sufficient to show that counsel's performance, in part, fell below an object standard of reasonableness, defendant has not demonstrated that the instances of inadequacy were prejudicial. Thus, defendant has failed to state a prima facie case for habeas relief. (See People v. Romero, supra, 8 Cal.4th 728, 737.)
The petition for a writ of habeas corpus is denied.
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